EXTRATERRITORIALITY, in interna tional law, the privilege granted to citizens of foreign powers of being exempt from the laws of the land of their abode and, in general, of enjoying the rights and privileges of their country of origin. In general, the right to ex ercise state authority and state law is limited to the territory of the state in question and a strict limitation of this view would place all persons within a state under the laws of that state, to the exclusion of all other laws. In the common intercourse between nations and peoples there have grown up certaua well-rec ognized and clearly-defined exceptions to the exclusive exercise of state authority. These exceptions are in favor of sovereigns or heads of foreign states, their official representatives, officials performing certain duties by authority of a foreign state and with the consent of the state in which they operate, public vessels and their crews, citizens of Europe or America in certain Oriental countries, and public armed forces passing through a foreign territory. EX traterritoriality is the ordinary term used to designate the immunity from local jurisdiction enjoyed by these classes, such immunity vary ing according to the official character, or ac cording to the state. Inunnnities are custom ary when' granted to certain official person ages in any foreign state and conventional in the case of other persons, whose treatment is regulated by agreement.
The head of a foreign state is accorded complete exemption from local jurisdiction. His person is inviolable, nor is he liable to any laws. His suite are accorded equal privileges. Should he or members of his suite abuse these privileges the remedy is to request him or them to leave the COUntry, Or to expel them in ex treme cases.
Official representatives of a foreign' state, such as ambassadors, are granted immunities similar to those accorded the head of their state, are inviolable, exempt from civil and criminal jurisdiction, enjoy freedom of wor ship, right of asylum and jurisdiction over their official personnel.
Consuls are usually granted such immunity as enables them to perform their ftuictions, in cluding limited exempdon from taxation, ex emption from military service and jury duty, inviolability of office and archives.
Public vessels, when in the territorial waters of another state, are subject only to the neces sary harbor reguladons for safety, anchorage, etc.. The personnel are exempt from local juris diction while in the performance of their duties.
Citizens of European and American states have been granted special exemptions in cer tain Asiatic eountries. Turkey after 1535 granted almost total exemption from local juris diction to citizens of France and other Euro pean powers. (See CAPITULATIONS, TURKISH). In other states of non-European civilization. such as China, Persia, Siam, Morocco and Japan, the same principles were applied as to Turkey. In 1899 Japan became a member in full of the family of nations when extraterri torial rights other than those of -officials were abolished. In non-European countries several of the European states have developed elabo rate judicial systems with jurisdiction over the persons and places exempt from local jurisdic tion. (See INTERNATIONAL LAw; NArtow Aunt; SOVEREIGNTY). COHSWI Moore. T. B.. 'Dia:est of International Law) (1906) ; McLaughlin and Hart, 'Cyclopedia of American Govern ment). (New York 1914).